Form F68Application for Consent to the Alteration of Eligibility Rules of an Organisation

IN FAIR WORK AUSTRALIA / FWA use only
FWA Matter No.:

APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF AN ORGANISATION

Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisation) Regulations 2009—paragraph 121(1)(b)

Applicant Organisation

Name: / CPSU, the Community and Public Sector Union
ABN: / 31 572 641 712
Address: / 1st Floor, 160 Clarence Street
Suburb: / Sydney / State: / NSW / Postcode: / 2000
Contact person: / Troy Wright
TitleMr [] Mrs [ ] Ms [ ] Other [ ] specify:
Telephone: / 02 9299 5655 / Mobile: / 0488 373 209
Fax: / 02 9299 7181 / Email: /

The Applicant applies for consent to the alteration of the eligibility rules of the organisation to the following:

2 - CONSTITUTION AND ELIGIBILITY FOR MEMBERSHIP

Persons shall be eligible for membership of the Union under either Part I, Part II or Part III of this Rule.

PART I

A.1Without in any way limiting or being limited by subrules B, C, D, E, G and H, the following persons are eligible for membership of the Union;

(i)any person employed, usually employed or qualified to be employed by;

(a)the Commonwealth;

(b)the Northern Territory;

(c)the Australian Capital Territory;

(d)a body corporate established for a public purpose, whether in whole or in part, by or under a law of the Commonwealth, the Australian Capital Territory or the Northern Territory other than any local Government body established under the Local Government Act (Northern Territory) or other Local Government legislation in the Northern Territory;

(e)by a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or other body corporate in which the Commonwealth, the Northern Territory or the Australian Capital Territory has a controlling interest;

(f)any other authority or body (whether corporate or not) being an authority or body that is financed in whole or in substantial part, either directly or indirectly by money provided by the Commonwealth except;

(A)moneys paid as consideration in a commercial transaction, for the provision of goods or services to the Commonwealth,

(B)moneys paid by way of bounty or like payment,

(C)moneys paid to a State or States of the Commonwealth, or

(D)moneys paid to a Local Authority, City, Municipality, Town, Borough, Shire or like statutory authority which includes electricity, road, transport and port authorities and water or drainage boards,

(E)an authority or body that is financed in whole or in substantial part, either directly or indirectly, by money provided by the Commonwealth, pursuant to;

1.the Community Youth Support Scheme, or

2.the Supported Accommodation Assistance Program, or

3.the Family Day Care Services component of the Children Services Program, or

4.the Family Support Program, or

5.the Grant in Aid Ethnic Social Welfare Workers Program, or

6.the Youth Services or Welfare Services components of the ACT Community Development Program,

or any program, scheme or fund directly replacing any one of the above.

(g)any person employed as a customer service representative or telephone operator or any person employed as a supervisor of the foregoing by a business or part of a business which performs a call centre function for

(A)the Commonwealth;

(B)the Northern Territory;

(C)the Australian Capital Territory;

(D)a body corporate established for a public purpose, whether in whole or in part, by or under a law of the Commonwealth, the Australian Capital Territory or the Northern Territory other than any Local Government body established under the Local Government Act (Northern Territory) or other Local Government Legislation in the Northern Territory;

(E)a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or other body corporate in which the Commonwealth, the Northern Territory or the Australian Capital Territory has a controlling interest;

to the extent that employees in that business or part of that business are performing those functions.

(ii)any officer or employee of the Union, or

(iii)any person who is an employee and who occupies a Statutory Office created under a law of the Commonwealth or the Northern Territory or the Australian Capital Territory or an Office established by the Executive of the Commonwealth, the Northern Territory or the Australian Capital Territory, or

(iv)all persons employed in the telecommunications industry as defined in Rule 3E by any authority, corporation or other body (other than a person employed by the Crown in the right of a State, or by a statutory authority established under any Act of a Parliament of a State, or by any company in which 50% or more of the shares are held by the Crown in the right of a State).

2.Notwithstanding the provisions of subrule 4 A.1, the following persons are not eligible for membership of the Union

(i)any person employed by:

(a)deleted

(b)the Australian Shipping Commission trading as Australian National Line;

(c)the Australian National Airlines Commission;

(d)the Australian National University;

(e)Banks established under the Commonwealth Banks Act and Reserve Bank Act;

(f)Qantas Airways Ltd;

(g)Universities and Colleges of Advanced Education other than colleges of Advanced Education in the Northern Territory or the Australian Capital Territory;

(h)the Australian Wheat Board;

(i)deleted

(j)the Territory Insurance Office.

(ii)persons employed as a/an:

(a)tradesman;

(b)artisan;

(c)draftsman, technical assistant or technical officer;

(d)deleted;

(e)mail officer or linesman;

(f)telecommunications technician, telecommunications technical officer or telecommunications electrical worker;

(g)postmaster;

(h)telegraphist;

(i)deleted

(j)deleted

(k)labourer;

(l)primary or secondary school teacher and teachers in non- government early childhood centres, business colleges, language schools or other private educational academies;

(m)ships painter or docker;

(n)nurse or nursing aide;

(o)driver, driver's assistant or conductor;

(p)railways employee other than as a senior officer, clerk, booking clerk, traffic inspector, assistant research officer, senior research officer;

(q)professional engineer;

(r)theatrical, film, television and video technicians;

(s)professional scientific staff;

(t)child care workers, cleaners, domestics or domestic workers, gardeners;

(u)security officers, attendants, watchmen and/or like designations.

(iii)(a)deleted

(b)persons employed in the professional structures of the Industry for which professional qualifications are mandatory.

(c)deleted

(d)Persons employed by the Australian Postal Commission and the Australian Telecommunications Commission who are eligible for membership of the Australian Telephone and Phonogram Officers' Association in accordance with its conditions of Eligibility for membership as at 1st September 1986, other than persons employed in Manual Assistance Centres in the position of Manager (M.A.C.) at M.A.6 and M.A.7 levels where the position was previously classified as Traffic Officer.

B.Without in any way limiting, or being limited by, subrules A, C, D, E, G and H, the membership of the Union shall also consist of any officer, employee or temporary employee of the Public Service of the Commonwealth, the Public Service of the Northern Territory and of the Australian Capital Territory, any public institution, authority or statutory corporation of the Northern Territory and of the service of any public institution or authority of the Commonwealth together with any authority, corporation or body engaged in the telecommunications industry as defined in Rule 3E, designated as:

(1)(a)administrative assistant (Darwin Institute of Technology) (all grades), administrative class (AI, A3, A4, A5) (NTPS), assistant (all grades), assistant (audiometry), assistant (canvassing), assistant cashier, assistant (computing), assistant (estimating), assistant keeper of relics, assistant moisture tester (dairy export), assistant publications officer, assistant senior overseer (telegraphs), assistant stamper (dairy export), assistant (stamp sales), assistant stationer, assistant (stationery etc.), assistant welfare officer, attendant and reader, attendant (all grades), attendant (legislative assembly), cabinet and ministerial officer, cashier, checker, checker-in-training, claims officer (all grades), clerical and administrative officer 1, 2 and 3 (Northern Territory Power and Water Authority), clerical assistant (all grades), clerk (fourth division), computing assistant, counter officer (all grades), courier, depot clerk, deputy principal attendant, district employment officer, employment officer, examiner, field assistant, gazette officer, indexer, indexer-in-charge, junior assistant, keeper of printed records, library assistant, medical records officer (Northern Territory Public Service) (all grades), messenger, methods assistant, ministerial messenger, ministerial officer, museum assistant (all grades), officer-in-charge, overseer (stamp sales), overseer (telegraphs) (all grades), overseer (telegraph accounts), postal assistant, postal clerk, principal attendant, principal attendant (legislative assembly), publications officer, purchasing officer, school assistant (all grades), senior assistant (stamp sales), senior attendant, senior attendant (legislative assembly), senior checker, senior clerical assistant, senior computing assistant, senior examiner, senior indexer, senior messenger, senior overseer (telegraphs), senior employment officer, senior storemen, senior stores supervisor (all grades), social development assistant, social development officer (all grades), stationer, storeman, stores assistant, stores officer, stores supervisor, superintendent, supervising checker, supervisor (stationery etc.), tip-staff, truancy officer,

(b)assistant security officer (Weapons Research Establishment Salisbury and Department of Defence Canberra), assistant (transport), assistant transport officer, battery manager, chief custodial officer (Belconnen and Quamby Remand Centres), chief protective service inspector, conveyancing assistant, custodial officer (Belconnen and Quamby Remand Centres), custodial officer grade 3 (Quamby Remand Centre), field officer, inquiry officer (all grades), inspector traffic section, investigation officer (trades), licence inspector (all grades), motor driver, movements officer, movements officer (light transport), movements officer (heavy transport), movements officer (special services), officer-in- charge (outdoor inquiry), officer-in-charge (postal investigation), parking inspector (all grades), postal investigation officer (all grades), principal field officer,protective service inspector, protective service officer (all grades), protective service superintendent, searcher (all grades), senior assistant

(transport), senior field officer, senior field officer (collections), senior field officer (standards), senior inquiry officer, senior inspector traffic section, senior licence inspector, senior motor driver, senior postal investigation officer (all grades), senior protective service officer (all grades), senior statistical collections officer, senior transport inspector, senior vehicle tester, senior weights and measures inspector, statistical collections officer (all grades), supervising field officer, supply and transport officer (survey) (all grades), traffic officer, traffic officer (inspector) (NTPS), traffic inspector, transport foreman, transport inspector, transport officer, transport supervisor (all grades), vehicle tester (all grades), weights and measures inspector, weights and measures superintendent, works and service officer,

(c)accounting machinist (all grades) accounting machinist controller (all grades), accounting machinist-in-charge (all grades), accounting machinist-in-training, accounting machinist supervisor (all grades), addressing machine operator, addressing machine operator-in-charge, assistant (typing - stenographic) (all grades), assistant private secretary, assistant reception, assistant (typing), card punch operator (all grades), communications operator (all grades), communicator (all grades), computer operator (all grades), court reporting typist (all grades), data preparation officer, data processing operator (all grades), data processing operator-in-training, EDP operator (all grades), electorate secretary, hansard typist, keyboard instructor (all grades), keyboard operator, machine operator, machine operator-in-training, machine tabulator, overseer, personal secretary, receptionist-typist, secretarial assistant, secretary/typist, senior accounting machinist, senior communications operator, senior computer operator (all grades), senior data processing operator, senior machine operator, senior machine tabulator, senior typist stenographer (all grades), steno-secretary (all grades), supervising card punch operator (all grades), supervising communications operator, supervising (accounting machinist) (all grades), supervisor (communications), supervisor (data processing) (all grades), supervisor typists (all grades), telephone supervisor (Northern Territory Public Service), telephonist, teleprinter operator, teleprinter operator- in-charge, teletype facilities control officer, telex service operator, trainee computer operator, typist (all grades), typist controller (all grades), typist controller (word processing) (all grades), typist (photo-litho), typist (secretarial), typist supervisor (all grades), typist- in-charge (all grades), typist-in-charge (photo-litho), word processing supervisor (all grades), word processing typist (all grades),

(d)assistant cinematographer, assistant film cutter and biograph operator, assistant film processor, assistant photographer, assistant photography, assistant (plan printing) (all grades), assistant (printing) (all grades), assistant (projectionist), colour film printer, cutter (films), dark-room operator, film cutter and biograph operator (all grades), film officer, film processor, film processing supervisor (all grades), heliographer, officer-in-charge (photography and plan production), officer-in-charge (plan printing), overseer (printing room), printing supervisor, projectionist, projectionist (public relations), projectionist (16mm), photographer, photographer-in-charge, scheduling officer, section leader, senior film processor (all grades), senior assistant (photography), senior assistant (printing) (all grades), senior darkroom operator, senior photographer, small offset operator, supervisor (photography and plan production),

(e)airport foreman (all grades), airport groundsman, airport labourer, airport plant operator, airport safety officer, animal attendant, area officer, assistant (animals) (all grades), assistant barracks officer, assistant stock inspector, barracks officer, boring inspector, boring superintendent, building superintendent, caretaker, chainman, in Victoria Barracks in the State of Victoria only cleaners of all designations, custodian (buildings), district stock inspector, divisional stock inspector, drill foreman, drilling overseer, drilling superintendent, farm assistant (all grades), fisheries inspector, foreman animal attendant, foreman (ground maintenance), gardening overseer (all grades), groundsman, groundsman-gardener, labourer groundsman, manager (swimming pool), pastoral inspector, ranger, senior airport groundsman, senior assistant (farm), senior boring inspector, senior chainman (all grades), senior driller, senior farm assistant, senior fisheries inspector, senior groundsman, senior pastoral inspector, senior ranger (all grades), senior stock inspector, station hand, stock inspector, supervisor (agriculture), supervisor (animals), supervisor (farm), supervisor (tree surgery), surveying assistant (all grades), surveying assistant supervisor (all grades), trainee ranger, water control officer (all grades), water control supervisor,

(f)assistant conservator, airport fire officer (all grades), assistant welfare branch, assistant radio inspector, assistant technical cataloguer, chief fire protection officer, chief health inspector, chief health surveyor, chief quarantine inspector, conservator, dental assistant, dental mechanic, dental technician, dental therapist in the Australian Capital Territory, fire protection officer, fire safety officer (all grades), health inspector, health surveyor, hydrometer tester, inspector, inspector (fire services), inspector (property), inspector (technical) (all grades), instructor (all grades), instructor (counter disaster), laboratory assistant, laboratory attendant, manager welfare branch, manual arts instructor, meatworks standards officer (all grades), medical laboratory assistant, music instructor, night switch operator (Snowy Mountains Hydro-electric Authority) (all grades), observer (all grades), observer (radio), pharmacy assistant, power station control room operator, power station plant operator, power station supervisor, power station unit operator, property inspector, quarantine inspector, radio monitor, regional fire officer, regional health inspector, regional health surveyor, safety instructor (Department of Defence), senior health inspector, senior health surveyor, senior inspector, senior inspector (property), senior instructor, senior observer (radio), senior operator (Snowy Mountains Hydro-electric Authority), senior power station supervisor, senior technical cataloguer (all grades), senior technical

officer, senior technical officer (medical laboratory) (all grades), senior technical officer (science) (all grades), senior supervisor communications, station officer (Department of Defence Woomera), supervising technical cataloguer (all grades), supervisor (property), technical assistant (all grades), technical cataloguer, technical officer (all grades), technical officer (medical laboratory),technical officer (science) (all grades), trainee observer, trainee technical officer (medical laboratory), trainee technical officer (science), training instructor, wool sample inspector, wool standards officer,

(g)assistant catering adviser, assistant food services, assistant manager (Bars) (Joint House), assistant manager (Dining Rooms) (Joint House), assistant supervisor, assistant supervisor (food services), cafeteria manager (all grades), catering adviser (all grades), catering officer, cafeteria supervisor (all grades), deputy housekeeper (Joint House), deputy matron, food processor (all grades), food service adviser (all grades), food service manager (all grades), home liaison officer, home management instructress, housekeeper (Joint House), house manager (Joint House), matron N.T., senior assistant supervisor, supervisor, supervisor food processing, supervisor (food services),

(h)assistant chief preventive officer, boat-hand, boatman, chief investigator, chief preventive officer (all grades), coxswain, engine driver, head lightkeeper, inspector, investigator, locker, lightkeeper, marine officer, master of launch, preventive officer, preventive officer-in-training, quarantine assistant (all grades), senior investigator, senior master of launch, senior preventive officer (all grades), senior quarantine inspector, supervising investigator, supervising preventive officer.

(2)(deleted)

(3)Together with any officer or employee who is employed by the Australian Postal Commission and who is employed in any designation specified in Part (1) of this rule.

(4)Together with any officer or employee who is employed by the Australian Telecommunications Commission and/or any other authority, corporation or body engaged in the telecommunications industry as defined in Rule 3E who is employed in any designation or like designation specified in Part (1) of this Rule or designated as a message bureau operator or supervisor.

(5)Together with any Industrial Officer or Research Officer or other employee of the Union.

Provided however, that the following shall be excluded -

(a)engineering and architectural technical assistants and technical officers other than those engaged in laboratory work,

(b)technical officers employed on external plant work associated with the installation and maintenance of telephone, telegraph and radio plants in the Australian Postal Commission and/or the Australian Telecommunications Commission, and/or Aussat Ltd.,